FEDERALISM AND COALITION POLITICS IN INDIA BY - D HARI PRASADH
FEDERALISM
AND COALITION POLITICS IN INDIA
AUTHORED
BY - D HARI PRASADH
1. INTRODUCTION
India
is a boundless, complex and plural country with different ethnic groups
struggling to coexist and achieve a measure of harmony and assimilation. In
India there are several states which has the landscape of a nation There are
linguistic diversity political fragmentation of society. One can find uneasy
synchronism of several layers of India and the enormous immobility of the bulk
of the Indian population. India furnished our constitution a federal appearance
though with a unitary character. The political role of the states are shaping
on their own governing which is very crucial in a federal state. The uniformity
prescribed by the constitution, various laws and executive orders the rich
diversity of the Indian union is reflected in the design of the political structure
in the Indian states, Al though some differences exist.
2. Globalization and Indian
states
The
various harangue on globalization and the states in India has become one of the
major concerns among the law makers, intellectuals and social activists across
the globe. since 1990 the debates have been taking place within the generous
framework of the impact of globalization on Indian state at different levels.
these debates reflect diverse positions by the concerned groups strengthening
their positions with the help of facts and issues these debates are revolving
around the pros and cons of the impact of globalization on Indian state. This
is essentially rooted with the fact that globalization is an unending process
and various issues and factors are coming to play their respective roles at
various points of time in the process of the interaction between the forces of
globalization and Indian states however, different views that are coming up the
debate can be broadly divided into two group that are proponents and opponents
of the process of globalization. Now the crucial question need to be delivered
is whether the Indian states under globalization gets take captive by capital
or is able to use capital to promote their competitiveness, growth and human
development. Lot of literatures on Asia suggested that the state needs to play
an independent role and lead capital and Labor rather than captured by it.
3. WHAT IS
FEDERALISM
Federalism
is a form of government in which the same territory is controlled by two levels
of government. Where the powers will be divided between the government of the
central and the government of the state. It is an mechanism in which two sets
of politics occurs one at the national level and the other at the regional
level. The political principles that
animate federal systems emphasize the primacy bargaining and negotiated
coordination among several power centre they stress the virtues of dispersed
power centre as a mean for safeguarding individual and local liberties.
3.1 ETYMOLOGY OF THE WORD
FEDERALISM
The
word "Federalism" has been derived from the Latin word FOEDUS which
means "Alliance, "Leagues", "Treaty",
"pact". FOEDUS refers to states that joined together in agreement or
pacts usually for defensive purpose.
3.2 DEFINITION OF FEDERAL
GOVERNMENT
ACCORDING TO DIECY - "A
federal state is nothing but a political contrivance intended to reconcile
national unity with the maintenance of state rights.
ACCORDING TO MONTESQUIEU - "A
federal government is a convention by which several similar states agree to
become members of a larger one
ACCORDING TO FINER - "A
Federal state is one in which part of authority and power is vested in the
local areas while another part is vested in a central institution deliberately
constituted by an association of the local areas.
3.3 FEATURES OF FEDERALISM
1. DIVISION OF POWER
Federalism
involves the division of powers between the central government and regional
government. The central government has powers that are enumerated in the
constitution. such as defense, foreign affairs and currency. The regional
government, often called states have their own set of powers that are not
explicitly given to the central government.
2. DUAL GOVERNMENT
federalism
establishes a dual government system where both central and state governments
have their own spheres of authority. each level of government will exercise its
power independently within its own jurisdiction this helps to prevent
concentration of power and allows for more local decision making
3. WRITTEN CONSTITUTION
Federalism
is usually associated with a written constitution that delineates the power of
the central and state. the constitution serves as a fundamental law that
establishes the framework for the division of powers and functioning of the
federal system. It also provides a mechanism for resolving disputes between the
central and regional governments
4. SUPREMACY OF THE CONSTITUTION
In
a federal system, the constitution is the supreme law of the land and all
levels of government must abide by it. the constitution outlines the powers and
limitations of each government ensuring that neither the central nor regional
governments can exceed their authority.
5. INDEPENDENT JUDICIARY
Federalism
requires an independent judiciary to interpret the constitution and resolve
disputes between the central and regional governments. The judiciary acts as a
check on the powers of both levels of government, ensuring that they adhere to
the constitutional framework and respect each other's authority.
6. COOPERATIVE RELATIONS
Federalism
promotes cooperative relations between the central and state governments. while
each level of government has its own independent powers, they often need to
work together to address the common issues and challenges. cooperative
federalism encourages collaboration and coordination between different levels
of government to achieve goals
7. FLEXIBILITY AND ADAPTABILITY
Federalism
allows for flexibility and adaptability in governance, as regions have the
authority to make decisions within their jurisdiction, they can respond more
effectively to local needs and preferences, this flexibility enables
experimentation with different policies and approaches, fostering innovation
and progress.
8. PROTECTION OF REGIONAL INTERESTS
Federalism provides a mechanism for protecting
regional interests and maintaining diversity within the country. state
government have the ability to address the local needs and concerns, allowing
for tailored policies and governance. this helps to accommodate the diverse, cultural,
linguistic and economic characteristics
of different regions within a country .
3.4 THE CONSTITUENT ASSEMBLY DEBATE
Honorable
member of the constituent assembly SHRI
BRAJESHWAR PRASAD added that " I feel that our notions about power
must be revised we have not got proper appreciation of the difficulties of the
problem of power. power must have some relation with the facts and with the
political situation prevailing in the country. The facts of Indian life cannot
be ignored. In India the danger is not the arbitrary power being vested in the
central, the danger is an Indian history will bear ample testimony to it, that
fissiparous tendencies may gather momentum and as in the past they have led to
the downfall of empires and kingdoms may lead to us to some fate. I feel that
if Indian unity is to be attained, if the danger of innumerable Pakistanis
being set up in this country is to be averted, this power must be within the
powers of the president. He further added that, "If this power is not
vested in the hands of the centre, the provincial government will go on acting
without caring the authority of the central government. Dr. Ambedkar has
referred to the case of the food situation Punjab government refused to fall in
line with the food policy of the government of India. why go so far even today
it had been brought to our notice birds whisper to our ears that there are
recalcitrant prime ministers today who refuse to conform the directions issued
by the government of India. This tendency must be checked, or else Indian
nationalization will not have future. Today the situation prevailing in east
Punjab is prevailing in west Bengal the situation prevailing to the same extent
in other provinces as well are of a dangerous character and if this power is
not vested in the hand of the government of India there is no future for this
country.
The
constituent Assembly decided not to give Autonomy to the state because in the
interest of the unity and integrity if the country. The Honorable member of the
constituent assembly SHRI B. DAS are
can probably never be improved upon, when it comes to expressing the option of
the constituent assembly members, as far as autonomy for the states is concerned.
His legendary words were "It [Article371] gives the government of India
general powers to tighten the control over the states which are no more
autonomous today , and which were never autonomous and never will be autonomous
under the constitution . Later another Honorable member of the constituent
assembly of India SETH DAMODAR SWARUP emphatically
stated that "our constitutional structure is federal in name but so far as
the administrative sphere is concerned" it has become completely unitary structure.
3.5 FEDERAL STRUCTURE IN INDIA
India
got independence in 1947, and the frame work of the constitution have been finalized
by constituent assembly in 1949 and came into effect on 1950. The constitution
is something like hybrid constitution. It is a federal constitution but it has
started from the to not from the bottom as all federations should start. It is
the centre delegating some of its power to the federating units not that the
federating units who are enjoying the sovereign powers are surrendering some of
their sovereign powers to the centre as was the case in USA. India is a parliamentary form of government which
consist of 28 states and 8 union territories. where many languages were spoken
among the people. These states are divided on the linguistic basis for vibrant
administration and for achieving goal of democracy. If we go through the Indian
constitution the fact is the term federal has not been expressed in the
constitution but the working of Indian majority rule government is basically
federal in structure. The framers of the constitution and statesman appeared to
have been virtually unanimous on the need for a strong central government.
Article 1 of the Indian constitution says that the nation is the union of
states, and it imagined that India has a strong centre Dr. B.R Ambedkar, the
chairman of the drafting committee of the Indian constitution said that the use
of the word "union" was in desperation. The drafting committee wanted
to make it clear that India was to be a federation. The Indian federal system
unlike the other federal nations. It is focused more on the union. The
distributions of powers between the union and the regions are made as the union
was given more weight in the plot of distribution of powers in this situation
we can recognize that why Granville Austin desires to use the term Indian
federalism as cooperative federalism which produces a brawny central
government, it does not necessarily result in weak provincial governments that
are largely administrative agencies for central policies. the central order is
more visible than the state image Indian federalism is the simultaneously two
processes the unionization process and the regionalization process. the basic
gist of federalism is the notion of two or more orders of government combining
the elements of 'shared rule' for some purpose and regional 'self rule' for
others. It is based on the objective of combining unity and diversity
At
the time of one party’s domination that is after the independence Indian
national congress as political party ruled over the country the concept of
cooperative federalism came up which reflects the relationship between centre
and state where they both come together and conclude the common problems with
the unity they help each other and had cooperation among them. with the engaged
efforts at different levels of governments in an cordial manner, which
contributes towards the improvement of the country. It is something which
creates horizontal relationship among the union the states. To maintain the
prosperous relationship among the central and state Indian constitution has
blended certain instruments for instance 7th schedule were three list were
enlisted they are the central list, state list and the concurrent list and the
zonal council and the inter - state council. subsequent to cooperative
federalism the concept of competitive federalism sprang up. Then there was
antagonism arises among the states and the centre and states. A new duress
began to appear among the center and states which is known as in form of
dialogue, Debate and conference. In place of majority -minority disorder, a new
sense of equal partnership emerged ’which led Rajni Kothari’ to remark issue of
federalism is gaining importance after a long period of ups and downs in the
Indian politics the reality of growing regionalization in politics could be
seen.
The
concept of competitive federalism is driving the Indian states to rush in
reforms to make an easy way for doing business in their state and expediting
the pending project clearances. They started autonomous project off course with
the procedures to attract more investment for development of their state
directly .Hence aloft competitive federalism each state have autonomy to work
for their own improvement by competing with other states.
3.6 THE FEDERAL PROVISIONS OF INDIAN
CONSTITUTION
Indian
constitution establishes dual polity Article 1 read with part v and part vi
ARTICLE 1
of the Indian constitution - India, that is Bharat shall be a union of states
ARTICLE 79 of
the Indian constitution - There shall be a parliament for the union which shall
consist of the president and two houses to be known respectively as the council
of states and the house of people.
from
this article it can be very well known that the parliament is constituted with
Rajya Sabha and Lok Sabha, The Rajya Sabha is assigned to function as a
representative body for the states in the federal system
ARTICLE 131 of
the Indian constitution - subject to the provisions of this constitution, the
supreme court shall, to the exclusion of any court, have original jurisdiction
in any dispute -
a) between
the government of India and one or more states
b) between
the government of India and any state or states on one side and one or more
other states on the other; or
c) between
two or more states from this article we can observe is that the Supreme court
of India is independent and is the sole arbitrator of disputes between the
federal constituents that is the central and state.
ARTICLE 246 of
the Indian constitution -subject matter
of laws made by parliament and by the legislatures of states -
246[1]
of the constitution says parliament has exclusive power to make laws with
respect to any of the matters enumerated in list 1 that is union list in the seventh schedule
246[2]
of constitution says parliament and state legislature also have power to make
laws enumerated in the list III of the seventh schedule that is concurrent list
246[3]
of constitution says the legislature of the state has exclusive power to make
laws for such state or any part thereof with respect to any matters enumerated
in list II in the seventh schedule that
is state list
ARTICLE 368 of
the Indian constitution - power of
parliament to amend the constitution and procedure thereof
it
says about the amendment of constitution in which constitution can be amended
with the concurrence of at least half of the state legislatures
3.7FAMOUS CASE LAW DEALS WITH
FEDERALISM
The
supreme court of India observed that Indian constitution is basically federal
in form. It includes the traditional characteristic of the federalism such as
supremacy of the constitution, distribution of powers between the union and the
state and existence of the independent judiciary.
IN KESHAVNAND BHARATI CASE - The
supreme court concluded that federalism is one of the basic features of the
constitution of India under the concept of Basic structure Theory.
S.R BOMMAI V. UNION OF INDIA 1994
AIR 1918
The
supreme of India concluded that federalism like secularism is a basic feature
of the constitution. In this case the court had said the following
"A
Conspectus of the provision of our constitution will indicate that, whatever
appearance of a federal structure our constitution may have, its operation are
certainly, judged both by the contents of power of which a number of its
provisions carry with them and the use that has been made of them more unitary
than federal.
After
tracing the history of the governance of the country under the British rule
till the framing of our constitution, the court proceeded to add is follows;
"The
feature of the constitution is the establishment of a government for governing
the entire country. In doing so the constitution prescribes the powers of the
central government and the powers of the state government and the relations
between the two. In sense, if the word "federation" can be used at
all it is a federation of various states which
were designated under the constitution for the purpose of efficient administration and the governance of the
country. The powers of centre and states are demarcated under the constitution.
If is futile to suggest that the states are independent, sovereign or
autonomous units which had joined federation under certain conditions. No such
state ever existed.
4. WHAT IS
COALITION POLITICS
Coalition
politics is an essential feature of a multi-party government where several
political party clubs together to run a government. F.A. OGG Defines coalition in political sense as” A cooperative
Arrangement under which Distinct political parties or at all events members of
such parties unite to form a Government or a Ministry” .
4.1 ETYMOLOGY OF COALITION
The
term coalition has been derived from the Latin word COALITIO which means
to grow together, thus coalition means the act of uniting parts into one body
or whole, politically it means an alliance of distinct political parties.
Coalition usually occurs in modern parliaments when no single party attains the
majority to form the government
Again
coalition politics can be tactical, in case of tactical coalition, there may be
one party in power but certain other parties support the ruling party from
outside
4.2
FEATURES OF COALITION GOVERNMENT
1.
coalition are formed for the sake
of some reward, material or psychic
2.
A coalition implies the existence
of at least two parties.
3.
The underlying principle of a
coalition system stands on the simple fact of temporary conjunction of specific
interest.
4.
Coalition politics is not a static
but a dynamic affair as coalition players and groups dissolve and form new
ones.
5.
The key note of coalition politics
is compromise, and rigid dogma has no place in it.
6.
A coalition government works on the
basis of a minimum programme, which may not be ideal for each partner.
7.
Pragmatism and ideology is the
hallmark of coalition politics. In making political adjustments, principles may
have to be set aside.
8.
The purpose of a coalition
adjustment is to seize power.
There can be two types of coalition
government - pre poll and post poll
In
a pre poll coalition several parties or groups context together in elections on
the basis of an agreed policies and agenda. If such a coalition group secures a majority
of seats, it forms a government consisting of representatives from the parties
joining the coalition. A post - poll coalition is formed when no party is in a
position to obtain absolute majority to form the government, In such the case,
a coalition group or alliance is formed to constitute the government.
4.3MERITS OF THE COALITION GOVERNMENT
1. There
is an accommodation of diverse interests in the functioning of the government.
A coalition government acts as a channel to meet the expectations and redress
the grievances of different groups
2. A
coalition government is more representative in nature and it better reflects
the popular opinion of the electorate. It also represents a much more spectrum
than the single -party government.
3. A
coalition government comprises different political parties having their own
ideologies or agendas. But the government policy requires the concurrence of
all the coalition partners. Therefore coalition government leads to consensus
based politics.
4. Coalition
politics strengthen the federal fabric because a coalition government is more
sensitive and responsive to the regional demands and concern than the single
-party government.
5. A
coalition government reduces Tyranny of government Because of reduced
domination of of a single political party in the functioning of the government.
All the members of the coalition participate in the political decision making
in which the decisions made are more balanced.
4.4 DEMERITS OF THE COALITION
GOVERNMENT
1. They
are unstable or prone to instability. The difference of opinion among the
coalition partners on policy issues leading to the collapse of the government.
2. Leadership
of the prime minister is a principle of parliamentary form of government. This
principle is curtailed in a coalition government as the prime minister is
required to consult the coalition partner before making any major - decisions.
The critics have called them as super prime minister or ultra prime minister.
3. The
steering committee or the coordination committee of the coalition partners as
the "Super -cabinet", and there by it undermines the role and
position of the cabinet in the functioning of the governmental machinery.
4. There
is a possibility of the smaller constituents of the coalition government
playing the role of a "King -Maker". They demand more than their
strength in the parliament.
5. The
leaders of regional parties bring in the regional factors in the national
decision making. They pressurize the central executive to act on their favor
otherwise, they would threaten to withdraw from the coalition.
6. The
size of the council ministers of a coalition government is generally quite
large. This is because the ministry has to reflect all the constituent of the
coalition
7. The
members of coalition governments will not assume responsibility for the
administrative failures and lapses. They play blame games and there by escape
from the both collective responsibility as well as individual
responsibility.
4.4 COALITION POLITICS IN INDIA
The
history of coalition politics in India can be hounded to pre independence
period in 1946 an stopgap government was formed with 14 representatives from
congress, Muslim league Akali Dal and such was formed. After independence from
1952 - 1967 there was congress party dominance for that period of time. The
course of generous of Indian politics underwent substantial changes after the
Fourth General election in1967 when the congress party faced confrontation with
non - congress party. Several regional non congress party started forming in
the country and there seen a commencement of crucial role was performance in
Indian politics done by the regional parties. From 1969 the national party
faced a backflow in forming the majority government in the centre. The general
election in 1967 lay bare the tension areas of the Indian federal system. The
DMK [Dravida Munnetra Kazhagam] party formed government in 1967 was the first
non -congress party formed majority government in Tamil Nadu. then the Left
Front in west Bengal raised their eyebrow regarding 'Fiscal imbalance',
'central misrule', 'Politics of planning', 'Impartial governor ' and 'fair deal
' to the states. These could not disturb the political balance till the
congress had majority and there was lack of understanding among the non-
congress opposition parties. After the removal of state Emergency by Indra
Gandhi There was an election in the year 1977 in which a coalition was formed
led by Moraji Desai Janata coalition won the election at national level
coalition government was formed for the first time in the Indian politics. It
readjusted the federal system but it could not sweet the victory as the non -congress
based coalition was failed. During the Janata party rule at the centre the rise
of new regional parties and the existing tirade against central dominance could
experience the demand for autonomy by the states like Tamil Nadu, West Bengal,
Punjab, Jammu & Kashmir. The political scenario in the country was changed
in the year 1989 which was said to be the coalition juncture or it is a multiparty
system in which no national party can't attain the majority and formation of
government at centre was questionable and with the help of the regional party
the government was formed. The three coalition government was formed First by V.P
Singh's national front secondly the united fronts led by H.D Deva Gowda In 1996
and I.K Gujral in 1997 were led by Janata dal as this coalition doesn't
continue to rule as due to Internal complications and absence of adequate
mechanism, the government disclosed it's instability and this heavily affected
the federal system. The political
scenario of the country was drastically changed and congress had a symbolic
presence with decline percentage of the country under its control. After the failure of the Janata Dal in 1996
and 1997, An strong alliance was formed by the name National Democratic
Alliance [NDA] which was led by the BJP [BHARATHIYA JANATA PARTY] with the help
of some regional parties opposed against the congress led united progressive
alliance in which the BJP led NDA Won the election in 1999 and formed the
government at the centre. It was the first time an coalition government was
formed and successfully finished its full five year tenure. Which made the
functioning of federal system in India. Even in the state politics coalition
government becomes an eminent one to ascent the rule. The recent Lok Sabha
election was held in 2024 in which the BJP led NDA alliance formed the
government with the help of regional parties like Telugu Desam party in Andhra
Pradesh led by Chandra babu Naidu and Nitish Kumar lead Janata dal helped the
NDA to form the government at the centre. The recent scenario in the state
Tamil Nadu which is in motion towards its first coalition government rule by
the 2026 election.
5. GLOBALIZED
WORLD COALITION POLITICS AND FEDERAL GOVERNMENT IN INDIA
The
federal government's new economic reform of the nineties have also given
another sling shot to the federalization thrust. As these reforms aims to
layout the Indian economy to the global level have serious Innuendo for the
states' economics and electoral opulence. The regional leaders came into the
front line into the mode of demanding partnership in the federal policy making
processes that concern the multilateral arrangements with the international
organization like IMF [International monetary fund] and world bank and WTO
[World trade organisation] The inter -regional competition has come to mark the
behavior of the regional government to their strive to attract huge foreign
investment. Globalization does lay out chance for the acceleration of economic
development leading to enhancement in the quality of the life which give access
to new technologies besides the promotion of great democratic decentralization.
The
tension between the forces of globalization and democratic governance is well
captured by DAVID HELD when he
submitted that the idea of democracy as a nationally bounded political system
is under threat today many parts of the world are increasing their voices of
demand for the rule of the people at the national level . The new tension
arises is the question that a nation state can have determination on its self
which is the notion of the democratic governance. The impact of globalization
has not uniformity and varies according to the states. It is showing that not
all the states are equally divided in the global economy. Sovereignty involves
the "the entitlement to rule over a bounded territory, state autonomy
refers to the actual power the nation state possesses to articulate and achieve
policy goals independently.
6.
CONCLUSION
From
this it is concluded that in various supreme court Judgments it is said that
constitution of India has the features of the federalism and the coalition
politics sometimes can be seen as the savior of the federal set up of the
Indian politics, At the same time coalition is also seen as the threat to the
federal structure of the Indian constitution. Even though Indian constitution
have some federal features it has been over shadowed by the unitary features
like absolute power to the centre because to safe guard the unity and integrity
among the Indians.
7. REFERENCE
THE
INDIAN CONSTITUTION 1950
POLITICAL
THEORY - R.C. AGARWAL
JUNE
L.D SOUZA WORLD CONSTITUTIONS
DR.J.N.
PANDEY CONSTITUTIONAL LAW OF INDIA
INTERNATIONAL
JOURNAL OF INTERDISCIPLINARY AND MULTI DISCIPLINARY STUDIES [IJIMS] 2017 VOLUME
4
CONSTITUTENT
ASSEMBLY DEBATES
S
R BOMMAI V. UNION OF INDIA
